BILL NUMBER: AB 1311	CHAPTERED  07/14/99

	CHAPTER   122
	FILED WITH SECRETARY OF STATE   JULY 14, 1999
	APPROVED BY GOVERNOR   JULY 14, 1999
	PASSED THE ASSEMBLY   JULY 6, 1999
	PASSED THE SENATE   JULY 1, 1999
	AMENDED IN SENATE   JUNE 28, 1999
	AMENDED IN SENATE   JUNE 16, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999

INTRODUCED BY   Assembly Members Romero and Ashburn
   (Coauthors:  Assembly Members Campbell and Keeley)

                        FEBRUARY 26, 1999

   An act to add and repeal Section 14601.9 to the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1311, Romero.  Vehicles:  driver's license violations program.
   Existing law imposes specified sentencing and fine sanctions upon
persons found guilty of violating provisions prohibiting the driving
of vehicles without a license, as specified.
   This bill, until January 1, 2004, would authorize the district
attorneys of certain counties, with the approval of the board of
supervisors, to establish a pilot program for persons who plead
guilty or no contest or are convicted of violations of specified
provisions prohibiting driving without a valid driver's license.
Under the program, and subject to the approval of the court, the
district attorney would be allowed to enter into a written agreement
with a person in a case involving a violation of the specified
provisions in which the person would agree to the following, in lieu
of the imposition of a county jail sentence:  (1) a home detention
program utilizing an electronic monitoring program, as specified, for
not less than the minimum jail sentence, and not more than the
maximum jail sentence, provided for a violation of the specified
provisions, and (2) a class or classes relating to driving without a
valid driver's license, as specified.
   The bill would authorize the district attorney to recover fees for
the program from participants or to provide for recovery of fees
from participants by a private entity operating the program under
contract, subject to a fee schedule and subject to fee modification
or waiver based on the participant's financial position.  The bill
would prohibit a person from being denied participation in the
program due to that person's inability to pay for the program.
   The bill would require the district attorney of every county that
elects to participate in the pilot program to prepare and submit a
report to the Legislature concerning that county's participation in
the program.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14601.9 is added to the Vehicle Code, to read:

   14601.9.  (a) The district attorney of any of the Counties of
Alameda, Kern, Los Angeles, Orange, Placer, Sacramento, San Joaquin,
San Luis Obispo, and Santa Barbara, with the approval of the board of
supervisors, may establish a pilot program of persons who plead
guilty or no contest or who are found guilty of a violation of
Section 14601, 14601.1, or 14601.3.  The district attorney may
conduct the program or contract with a private entity to conduct the
program.
   (b) Subject to the approval of the court, a person who pleads
guilty or no contest or is convicted of violating Section 14601,
14601.1, or 14601.3 may enter into a written agreement with a
district attorney of a county described in subdivision (a).  If the
court determines that the particular case is appropriate for referral
to a program described in this section, the judge may make an order
directing the person to comply with the terms of the agreement.
Participation in the program shall be in lieu of imposing a jail
sentence under Section 14601, 14601.1, or 14601.3.  The agreement
shall require the person to complete all of the following elements
within 60 days or within the term of the maximum jail sentence
allowed under Section 14601, 14601.1, or 14601.3, whichever period is
longer:
   (1) A home detention program utilizing an electronic monitoring
program that complies with Section 1203.016 of the Penal Code, for
not less than the minimum jail sentence, and not more than the
maximum jail sentence, provided under Section 14601, 14601.1, or
14601.3, as applicable.  The court may allow a person to attend
school, work, or other specified activities while on electronic
monitoring.
   (2) One or more classes conducted by the district attorney or by a
private entity under contract with the district attorney.  The class
or classes, at a minimum, shall provide instruction on all of the
following:
   (A) The requirements imposed under Section 14601, 14601.1, or
14601.3, including, but not limited to, the penalties for violating
those provisions.
   (B) Available transportation alternatives for persons who do not
have a valid driver's license.
   (C) The procedure for regaining the privilege to drive.
   (c) No statement, or information procured from a statement, made
by the person in connection with the determination of his or her
eligibility for the program, and no statement, or information
procured from a statement, made by the person, subsequent to the
granting of the program or while participating in the program, and no
information contained in any report made with respect thereto, and
no statement or other information concerning the person's
participation in the program shall be admissible in any action or
proceeding.
   (d) The court may impose any fine allowed under Section 14601,
14601.1, or 14601.3 upon a person who is ordered to participate in
the program.
   (e) (1) The district attorney may recover fees for the program
from participants or may provide for recovery of fees from
participants by a private entity operating the program under
contract.
   (2) The recoverable fees described in this subdivision shall be
charged to the participant in accordance with a fee schedule that has
been approved by the board of supervisors or the district attorney,
or designee of the district attorney.  The fees charged for the
program may be modified or waived by the district attorney or
designee at any time based on the present or changing financial
position of the participant.  No person shall be denied participation
in the program due to an inability to pay for the program.
   (f) Notwithstanding Section 7550.5 of the Government Code, not
later than December 31, 2003, the district attorney of every county
that elects to participate in the pilot program specified in
subdivision (a) shall prepare and submit a report to the Legislature
concerning that county's participation in the program.
   (g) This section shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2004, deletes or extends that
date.
